When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

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The 36 Group, 23rd October 2017

Source: 36group.co.uk

The FA v Cellino – Behind the headlines – Blackstone Chambers

Posted November 23rd, 2017 in agency, fines, news, regulations, sport by sally

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Michalak v General Medical Council – Blackstone Chambers

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

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Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Durand Academy Case and Regulatory Fairness – Blackstone Chambers

Posted November 23rd, 2017 in appeals, complaints, education, news, reports by sally

‘Durand Academy is a large school in Lambeth, serving a diverse community that has a high percentage of BAME families.’

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Blackstone Chambers, 17th November 2017

Source: www.blackstonechambers.com

Computer Imaging and Inspection for Misuse of Confidential Information: Cox V Spencer [2017] EWHC 2552 (QB) – Blackstone Chambers

Posted November 23rd, 2017 in computer programs, contracting out, costs, investigatory powers, news by sally

‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’

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Blackstone Chambers, 13th November 2017

Source: www.employeecompetition.com

A Case of Little Interest? The Supreme Court’s Judgment in Littlewoods – Blackstone Chambers

Posted November 23rd, 2017 in appeals, HM Revenue & Customs, interest, news, Supreme Court, time limits, VAT by sally

‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’

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Blackstone Chambers, 2nd November 2017

Source: www.blackstonechambers.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’

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Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

UK government publishes post-Brexit customs legislation – OUT-LAW.com

Posted November 23rd, 2017 in bills, customs and excise, news, sale of goods, taxation, VAT by sally

‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

The limits of protest and free speech – Legal Action

Posted November 23rd, 2017 in abortion, demonstrations, freedom of expression, harassment, news, public order by sally

‘Steve Hynes discusses the controversy surrounding anti-abortion protests outside an abortion clinic in west London and its possible implications for human rights law.’

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Legal Action, November 2017

Source: www.lag.org.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

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Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Sexual Harassment in the Workplace: A Widespread Problem – Old Square Chambers

Posted November 23rd, 2017 in employment, equality, harassment, news, sexual offences by sally

‘Recent revelations in both America and the United Kingdom have shone a spotlight on the issue of sexual harassment and highlighted how common it is in the workplace. This is reflected in a recent survey carried out by the TUC: 52% of the women surveyed said that they had experienced some form of sexual harassment at work, nearly a quarter had experienced unwanted touching – like a hand on the knee or lower back at work -, and a fifth had experienced unwanted verbal sexual advances at work.’

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Old Square Chambers, 15th November 2017

Source: www.oldsquare.co.uk

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’

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Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

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Cloisters, 2nd November 2017

Source: www.cloisters.com

Who protects the social workers? – Transparency Project

Posted November 23rd, 2017 in care workers, harassment, media, news, social services by sally

‘When a child dies, it is often social workers whose names pop up in the press, who are vilified and blamed. Following the recent media attention around the death of adopted Elsie Scully-Hicks (Shayla), this has become a topic of discussion again within the social work community – not that it has ever gone away.’

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Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

A bitter taste in the mouth of travel providers? The Court of Appeal’s Decision in Wood v TUI Travel plc T.A. First Choice 2017 EWCA Civ 11 – 4 KBW

Posted November 23rd, 2017 in appeals, damages, holidays, news, sale of goods by sally

‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’

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4 KBW, 17th November 2017

Source: www.4kbw.net

Mental Capacity Guidance Note: A Brief Guide to Carrying Out Best Interest Assessments – 39 Essex Chambers

Posted November 23rd, 2017 in mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of best interests. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our brief guide to carrying out capacity assessments.’

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39 Essex Chambers, 17th November 2017

Source: www.39essex.com

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted November 23rd, 2017 in climate change, energy, environmental protection, news, regulations, roads, transport by sally

‘In this latest Environmental Law News Update William Upton, Nicholas Ostrowski, Frances Lawson and Mark Davies consider the failure of Highways England’s plan for a Kent Lorry Park, the recent publication of the Environment Agency’s Enforcement and Sanctions Guidance, revisions to the EU ETS and the Powering Past Coal Alliance, and the new Conservation of Habitats and Species Regulations 2017.’

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Six Pump Court, 20th November 2017

Source: www.6pumpcourt.co.uk